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WS –Item#1 WORK SESSION STAFF REPORT Work Session Item No.1 Date: December 2, 2013 To: City Council From: Jeff Karlson Re: Charter Commission Request to PayPast Due Attorney’s Fees Background The Lino Lakes Charter Commission is requesting that unused funds of approximately $1,200 from its 2013 budget, be applied to a past due bill from the Marty Law Firm. On October 27, 2008, the City Council was presented with a written request from the Citizens for Safer Roads to conduct an audit of certain Charter Commission activities prior to the November 4, 2008, general election, in which a referendum was placed on the ballot. In response to the Citizens request, the Council procured the services of Michael Dougherty of the law firm of Severson, Sheldon, Dougherty, & Molenda to conduct the audit. In his summary of opinion, Mr. Dougherty stated that the Charter Commission may contract for (1) an attorney to assist in framing and amending the charter, and (2) the cost of printing the charter and any amendment. He also noted that the City can exceed the $1,500 per year statutory limit if the Council deems it necessary to pay in excess of that amount for attorney’s fees or printing costs, but only for framing and amending the charter. After Mr. Dougherty released his report, the Charter Commission asked Karen Marty to review the opinion, and then requested the City Council to pay the attorney’s fees of over $2,500. The City received a response from Mr. Dougherty to Karen Marty’s opinion, in which he stated that prior opinions from the State Auditor, the State Attorney General, and a Minnesota District Court prohibited the City from paying for the opinion rendered by the Charter Commission. The City also received an opinion from City Attorney Joe Langel that the legal expenses arising out of the Commission’s response to the audit did not fall within the statutory language and was not reimbursable. Attachments Michael Dougherty Opinions Karen Marty Response Marty Invoice Submitted to CharterCommission Joe Langel Opinion